Lawyers eye Privy Council in Linton appeal matter

Attorneys representing chartered accountant Kieron Pinard-Byrne in a defamation court case involving broadcaster, Lennox Linton, say they may take the matter to the London-based Privy Council.

On Monday the Eastern Caribbean Supreme Court of Appeal over turned a High Court decision which ruled that journalist Linton had libeled Pinard-Byrne. The court said, in its ruling, the decision was based on qualified privilege.

In very broad terms, qualified privilege is an immunity from lawsuit for acts committed in the performance of a legal or moral duty and acts properly exercised and free from malice. Examples of qualified privilege include immunity from defamation for statements made in the course of an employer’s duties and in case of the press, immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.

Speaking on Kairi’s Heng Programme Senior Counsel, Tony Astaphan who was on the team of lawyers that represented Pinard-Byrne, said the ruling has narrowed the issue of qualified privilege ‘much too much.’ “The Court of Appeal accepted the fact that Mr. Linton believed that what he was saying to be true and he was not actuated by malice,” he argued. “But I can tell you as a matter of general principle I had a quick discussion with some of the lawyers, including Queen’s Counsel in St. Lucia …including some very senior lawyers whose immediate reaction was this finding of qualified privilege was extraordinarily wide.”

He went on to say that based on this, he might have to discuss with Pinard-Byrne the possibilities of taking the case to the Privy Council, “on the question of whether this defense of qualified privilege should stand because it sounds extraordinarily wide to me.”

Astaphan pointed out that Linton’s legal team had relied on official documents but Pinard-Byrne’s team had argued, during the appeal, that some of the documents were misrepresented. “So in the final analysis the court held that the allegations of misconduct and unethical behavior against Mr. Pinard-Byrne was not true, that there were no justification for broadcasting them, that there were no basis in fact for the allegation or the defense of fair comments but that the judge narrowed the issue of qualified privilege much too much and as a result misdirected himself and on that basis Mr. Linton succeeded,” he said.

Speaking on privately-owned Q95 on Tuesday, Linton said, based on the ruling of the Court of Appeal, a thorough analysis of the evidence was not done by the trial judge. “The learned trial judge paid short thrift to it in his judgement and made what may be described as a summary determination without giving reasons for so doing that,” he said.

Linton, who read sections of the ruling, pointed out that it shows his investigations into the matter that led to the court case was thorough. “The unconverted evidence of Lennox Linton was that, one, between 1995 and 2002, I conducted thorough investigations into the Layou River Economic Citizenship Programme,” he said. “Two, in making my comments, both on radio and on the mentioned internet article, I relied primarily on official documents evidencing transactions referred to in the words complained of, and at all times spoke in direct response to what I considered to be incomplete and or misleading information about the programme, coupled with distasteful and highly disrespectful utterances against the native population placed on the public record by the claimant, Mr. Pinard-Byrne, and I exercised due care in obtaining and verifying the actual information contained in the words complained of and relied entirely on the documentation researched prior to speaking the words complained of…”

Linton also pointed out that through the entire court case, which began back in 2002, sight is being lost “that the promoters of the Layou River Economic Citizenship Program collected over $80-million of Dominican passport money, promised a hotel, did not deliver it, promised foreign exchange earnings to the economy, did not deliver it, promised jobs to the economy, did not deliver it, promised economic uplift and international exposure to the Dominica brand, did not deliver it..”

“Who is looking out for Dominica?” he asked.

Linton had taken the matter to the Court of Appeal after High Court judge, Brian Cottle concluded that he (Linton) failed to provide evidence to support allegations he said were based on facts.

Two others including local radio station, Kairi FM and a website owned by Raglan Riviere, were also ordered to pay damages in the matter.

Linton then vowed to go to the Court of Appeal if necessary, since, according to him, the ruling sounded like a “Tony-Astaphan-ish” judgment.

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what a judgement. well done Lennox and ur legal team. The question now that all dominicans should ask is, who’s interest is Tony looking for? After reading the judgement and hearing the roaring coming from the mouth of Tony,it is clear this man kinds nothing about truth and for sure not dominica. pirand should also see for himself that Tony will lead him down to hell, it was the same Tony who made a mock of u sir and here u a having this man using,ownlly trying to get at one man that he hates. Just a message for Tony god is good for sure all the time. but trust me he is good for all of us. we will wait to see ur next move ur time is close at hand, and we waiting to see how long the police is going to take to get to ur house, what u try to do to Lennox and the IPO, u have to pay.

But I thought they wanted the CCJ because they have no faith in the Privy Council? “Is a white man Court”. “Is colonialism”. “What about Caribbean Sovereignty”

Anyway, it is the loser’s right to appeal to the Privy Council. I just thought the way how this particular lawyer had so much to say against the Privy Council that it is ironic he now wants to crawls infront of the say Privy Council seeking justice.

Linton shared his info with all Dominicans. He wanted us to know. He brought what happened in the dark to light. He fearlessly exposed their corrupt practices.

Dominicans, those in power, sided with those foreigners like Grace, David and others involved in that scam, against the interests of Dominica. Millions were amassed. No transparency. No accountability. No investments into our economy. No Layou River Hotel. Small change reaching the Treasury.

Dominicans were fooled by those greedy, selfish, corrupt people. With all that money Dominica lost, some people keep on cheering their Party and Govt. for not looking out for Dominica. Nobody has been questioned, brought to justice for the scams.

Govt. still stubborn, refusing to listen to the people, continues to sell passports. Diplomatic passports are given/sold to foreigners with questionable links/dealings. Revelations cannot be refuted by the culprits who dish out those passports. Dominicans are fooled again and again and again.

Although Linton has been sacrificing his time, his life to seek the truth and enlighten the public about the rampant corruption, the Cabal will stop at nothing to “come for them.” The Economic Citizenship Programme, better known as “Selling of Passports programme” has brought in mucho $$$$$$$$$$$$$$$$ to a few. Dominica has lost Big Time from that Scam.

Our country is being sold to the highest bidder. We will become 3rd. Class citizens in our own land thanks to that incompetent DLP Cabal. Truth to Power. Where is the hotel which Skerritt told us would begin after the BVI case? Where is the partner Felix Chen and the money for the project to commence? Who fooling who?

But how many Dominicans care. Who cares about Dominica? Many have gravitated to the side of the oppressors and to hell with what happens negatively to our beautiful Land.

That’s your right to appeal. I have no problems with that. Reasons why politicians should not tell us where to go to jet justice.
Onec again i am happy for LENNOX LINTON THE patriot, statesman, man of integrity, honesty, rectitude, the man who was brought up with the biblical tenets thou shall not steal,lie, cheat and wallow in bobol.
I TOO LOVE THE PRIVY COUNCIL together with thousands of Dominicans.

Why are even talking about CCJ and Privy council Dominicans. We should be asking about the missing money that was suppose to bring jobs and visitors to Dominica. St Joe and Layou people should be asking where is the hotel.
Hw many of drive by the hotel and honestly ask – what the ell happened.
Instead of talking pawl boda about CCJ And Privy Council ask your government t explain what happened. They owe us an explanation. The conversation that we are having right nw is exactly what Tony and te nd of corrupt politicians want. They cannot answer questions about Petro Caribe and the company Pwedevas( however spelt – if Reginad Austrie wants to correct the spelling I welcome that ) , tey cannot answer questions about diplomatic passports especially tat of Corrello.
UWP were corrupt but my god this Labor Party government surpasses Mobutu, kadaffi, bird, Papa doc etc. that may sound extreme but the truth is corruption is corruption. We accepted garbage Bin fraud, Fertilizer fraud, Suzanne Oldie fraud all of which were admitted one way or another and it seems lie we are prepared dee throat all the lies and deception coming from the side of Tony and SKERRIT.
It will be too late when we decide enough is enough. why leave it for our children to do like the people of Egypt and Lybia – do we want t see our children blood in the streets. I say vote these Corrupt ad dirty MF out and send them to jail.

“Each time Lennox stands for an ideal, or acts to improve the lot for others, or strikes out against injustice, he sends forth a ripple of hope”. Such were the words of Robert Kennedy.

In Dale Carneige’s own quote, “most of the important things in the world have been accomplished by people like Lennox Linton who has kept on trying when there seemed to be no hope at all.

And how can I forget in 2004, Gov Roy Barnes Atlanta Ga. when he said, “The law should be a shield for the weak and powerless, not a club for the powerful.”

I hope the time has come when each and every Dominican can now see and understand who is really looking out for the interests of our beloved country. Certainly, it’s not the high powered and privileged Senior Counsel who’s taking us for fools. Wake-up people, wake-up!

For the details writen here and some key statement. i have unearthed the Lougaoo mem.
One clue he is like Stevie Wonder ,Ray Charles,Jose Feliciano Mr >Murphy former statistion to name but a few. Then here’s a second. He quoted from where he lives.
What’s the colour of the white horse?

Don’t be so foolish man….Dominica is still under the jurisdiction of the Privy Council, our Constitution hasn’t been amended as yet to get rid of it…hence Astaphan or any Dominican has the right to go to the Privy Council.

But two mints ago tey gave us the impression that it was a done deal . In fact we thought that the letter was to be sent the week following Skerrit’s announcement. It only stands to reason that Tny should be talking about CCJ and not the Privy council Dorival

Like or Dislike: 00UndisclosedMarch 27, 2013

Only Queen’s counsel go to the privy council.

Like or Dislike: 00UndisclosedMarch 27, 2013

They must hire a queen counsel and bz Dominica is Republic we cannot have queen counsel.

Well-loved. Like or Dislike: 105FrenzMarch 26, 2013

Tony ade a mistake he meant CCJ. But then again he made the same mistake regarding the IPO decision when he said he is repaired to protect the one all the way to the privy council.
But Astaphan has need to push the CCJ agenda cause he and his client got what they wanted so he Astaphan is back to his true feelings about the privy council. Note there is strong evidence showing that he pays for egalitarian opinion from the same people he claim are not suited to be involved in our legal proceedings. Life is short and the boomerang has already made that 360 turn around

According to a pardner called Blessing,Tony is speaking in the both sides of his mouth and at the same time whistling down the center. Tony has been very adamant as regards criticisms of Judges after a ruling is handed down. Tony is a supporter of the Eastern Caribean Supreme Court as our final court and he is alledged to have said, “there is no reasons to go to the white boys at the Privy Counsil for our final judgement”,today he is whistling a different tune. I wonder what the Krazy man is saying now,he had put some serious blows on Mr. Linton when he lost the first time.

Doc Love, Whathave you and others said aboutthe Caribbean courts. It is notthat you have forgoteen. Remember when you all sold the notion that the courts are mere tools of Skerrit and Astaphans to perpetuate injustice in our islands? If Tony is speaking onboth sides of his mouth. then tell me what is Lennox doing now that he has been handed a new lease of life on all his legal battles? The court has delivered justice. Isn’t that they way we all feel.

Mr. Linton has always been consistent with reference to those Caribbean judges, he has never called a spade a cutlass.

Like or Dislike: 00Take a good lookMarch 26, 2013

What lennox is doing now is standing for Dominica, like Jesus stood for the oppressed, and martin for blacks in America, malcolm too, Mandella too in S Africa, Ghandi in India, get the picture? not yet? search inside you willsee it

@ false What do you expect from a gang of liars. I myself i am surprised to the max. This goes to show you that these imposters in government just deserve to be dumped. LIARS.

Well-loved. Like or Dislike: 142CIA on the WatchMarch 26, 2013

$154 million in passport sales with nothing to point our fingers at, yet Tony wants to appeal, who is protecting our Back certainly not Tony Asstaphan and who is looking out for Dominicait cannot be Labor and Tony. It is something that caribbean people must take notice of, why is it that we are quick to rush to privy council on these matters but when in comes to electoral issues the Caribbean Court of appeal is the final court, looks like on matters that has to deal with our expression of our democracy the caribbean court is final yet all of the constitution was handed to us caribbean people in Britain when the Privy council seats

the question remains who got the money Dominia got no benefit whatsoever why all Dominica ended up with was with a pile of rubble and the benefefit of a nice diplomatic passport for grace, bet she never paid for that, WHERE IS THE MONEY???????. and they consider the privy council wont ask that very basic question. way to go Tony get to London see how long you will last against real legal brains

I hold my breath and look foward to the day when Tony Astaphan will represent the people of Dominica in some lawsuit. Will there ever be a day when Tony Astaphan will be on the side of Good over evil?, is it possible? over one hundred and eighty million dollars of Dominica, gone up in smoke, Lennox Linton raises the issue on behalf of Dominica, and Dominicans have a problem with that? Dominicans dont you long to see the day Tony will be on our side?

We would like to hear what Brian Cottie response to the decision would be and as for Tony Astaphan even you must have sense changes are taking place in D’ica so deal with it,remember you sent the Police to search Lennox home but you forgot that their’s a higher power that would be dealing with you and it have done just that you loose.

RIVER, How do you expect a High Court Judge to speak publicly or otherwise on the judgement of the Appeals Court. You guys need to understand how the justice system is structured and how it works. we make such foOlish comments sometimes its pathetic.

So much for brilliance, can never stand on his own and give a legal opinion, but when it suits him “PRIVILEGE” is OK. How the hell did this man get to be called Senior Counsel? Everytime he has to state and opinion, he must piggy back on other LEARNED Legal Eagles and speak as a matter of factly. In Dominica alone you could play those cocomakak games there and still enjoy the PRIVILEDGE you are so conviniently damming this morning. Tell Pinard go ahead, Lang kwapo ki twayer kwapo! While you are at it, ask him what happen with all the money that Layou is still an eye sore? One minute you were slamming him on radio, today for political expediency is your soul mate. I’m looking on with interest on all of you who think that ..”Morality being on the side of the one with the heaviest of artillery is your right to injustice on a people..”! Not CCJ you were bigging up just last week? and even threatening to tell judges in the Caribbean UWP members were sullying their names in Dominica re the ruling against Skerrit? today you want Privy Council? Even wind has more direction than you, but you do so to prey on ignorance, blind allegiance and sheer malice. As you were conpeh tigre, as you were. Having taken a series of Entomoloy classes, I found then Boll Weevil fascinating.. you I find the same in an odd way fascinating too, keep burrowing oh great one.

That court again. Skerrit seemingly did not have enough money to buy the judges this time. Isn’ t that so Mr.Linton. Looks like when Skerrit win a case against any of your many causes, Skerrit bought the judges. Now that you have won big time, this time around, I wonder who bought the judges? Litigation is fraught with many ups and downs. You win some you lose many others.I heard Tony said that once. Same system, same procedures. Same Lawyers and same judges. Who is right? Does righteousness, justice, moral values and truth belong to one set of people here – depending on where you seat on the partisan fence?

Amazing Astaphan who on one hand wants rid of the Privy Council in favour or ECSC now wants the Privy Counci, what a dichotomy should they consider so doing they will be in for a surprise, for the Privy Council are not idiots as the court ruled on home turf so the Privy Council will agree hands down.

The Privy Council is still our final court untill it is changed. So mr. Astaphans and anybody else who is aggrieved by a decision of the lower court to go the higher court. lennox did it when the lower court said he acted in a vexatious and unrepentent manner to KPB. IT is his right so to do. The Appeals ZCourt bought his arguments. Great. He cannot now come and condemn the East Caribbean Court over this matter. He won fairly and squarely. Therefore, why should you be scared of an appeal to the Privy Council? You have said over and over again that you have faith in the Privy Council to always buy your arguments over Skerrit/TonyAstaphan. Remember it is your side of the fence that keep saying that because Skerrit cannot buy the Privy Council he wants to do away with it. So the fucntioning of institutions changes form day to day depending on the who says what and when in the body politic of Dominica? Is that how we have come?

When did Lennox say that he does not want to go to the Privy council? If you listen you would have heard him say that he is still not happy with the decision of ECSC. I too from the little that I’ve heard from the basis for the decision am not comfortable,It is my view that KPB was not defamed. Lennox did not hide behind the decision like skerritt did after his success. We still have huge questions about sketritt’s French citizenship on nomination day.

Well-loved. Like or Dislike: 295100% DominicanMarch 26, 2013

Well done Lennox!!!!!!! Your hard work, thoroughness and dedication in investigating the material, and your willingness to stick your neck out and endure sacrifice is to be admired and encouraged!!! May more and more Dominicans stand behind you and show their support as you fight the fight on their behalf for the sake of good and accountable governance and representation in our beloved homeland, Dominica!!! Peace and love to all……….God’s speed my brother!!!

So Mr Linton, the Court of Appeal isnt corrupt this time. eh! It is only corrupt when it doesnt rule in your favour! I have no respect for you nor your biased investigations. Because you do not have Dominica´s best interest at heart, only your selfish self´righteousness!!

@ just looking out… Tony Astaphan has never said he is fighting for Dominica! Who made Linton Dominica´s protector? You think he is acting in your best interest? Ask him about the trips to the Taiwanese Embassy in St Kitts! You like to look at the one but not at the other. It takes a zeze to another zeze, dont you think?

Like or Dislike: 00BRITISH CITIZENMarch 27, 2013

Are you serious are you really serious if Lennox don’t have Dominica best interest at heart then no one does. It is people like you who read nothing listen to nothing cant form your own opinion of anything but just come on here to talk foolishness. I know Mr Linton is well capable of defending his own actions but I just think you have gone a step too far. Just one question: What are the personal benefits that Lennox gain from all this, to whose attention was he bringing the Layou issues to certainly not himself. So before you run your mouth next time just stop and ask yourself am I confirming what others think of me.

Sorry but I had to do a double take on reading this story. I am reading that Senior Council Mr Astaphan is seeking to go to the Privy Council where all them white men are? So at the first hurdle he abandon the CCJ and is looking to head to the Privy Council I hope you Dominicans are reading and listening to educate yourself. It is not good for you Dominicans but it is sure dam good for Astaphan, what a joke. But the question is who is looking out for Ma Dominica when over $80,000 000 has disappeared from the Layou River Economic Citizenship Program. But that’s ok we love our Government.

Stop being so i will not call u name the privy council is still there why not use it,when it is done with we will have our own privy council in the oecs so till then where should the likes of him and lenox go [email protected] C

Why wassnt the option available for the dual citizen case? The politicians put cergain things in place to protect themselves and the rest can go to hell. Double standard.they know the judges won’t rule against them cuz is them leaders who have to appoint them judges. Let them eat their vomit and go to them white men they don’t want deciding their fate. Karma

Like or Dislike: 00MauiMarch 27, 2013

Why are we still under the jurisdiction of the Privy Council? When attorney general Baron-Royer was there, the push was made to makel the CCJ our final court.The news was broadcast all over until other O.E.C.S neighbors said they are going to make a move also.Why are we still not in the CCJ. Belize and Barbados were the last to join, these are England’s babies and they left her jurisdiction, what does that say about us, who in our independence dialogue wanted no Governor but a President, wanted total independence and we of all people can’t make a move because our leaders have their own motives and idiocracies? Come better than that.

Like or Dislike: 00AnonymousMarch 26, 2013

British Citizen, you seem to have connections. Can you persuade the British High Commission in Barbados to do a thorough investigation for all fundding they have given to ALL projects in Dominica over te last 3 or 4 years?